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TMI Blog2019 (8) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... encourages settlement of dispute in such matters. But then, the court cannot be used by either side to protract and prolong the proceedings as if it were executing the settlement that may have been arrived at outside the court without the proceedings in the complaint case having been brought to an end. Since the respondents have failed to abide by the terms of the settlement, they cannot derive any benefit of the settlement agreement. In these circumstances, it is the obligation of the petitioner to prosecute the complaint cases further in accordance with law. The view taken by the Metropolitan Magistrate that the cases have to be brought to trial, thus, cannot be faulted. Petition dismissed. - CRL.M.C. 2827/2019 and Crl.M.A.1144 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Area, Patparganj, Delhi-110092 bearing no.512283 to 512298 having date of 10th each English Calender Month, commencing January, 2017 till April, 2018 and the said cheques are being handed over by the AR of the accused persons to the complainant today itself. 3) In case of any default, the present case shall be proceeded further as per law. 4) After receipt/payment of the entire settlement amount, the complainant shall compound the offence and withdraw the present cases from the Ld. Referral Court and accused shall also withdraw its application u/s 340 Cr.P.C. 5) After receipt/payment of the entire settlement amount, there shall remain no dispute due between the parties qua the present case and that none of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by RTGS. The Metropolitan Magistrate noted the information and the absence of the respondents herein and issued non-bailable warrants (NBWs) against them. The subsequent proceedings held (on several dates) right till the impugned order dated 21.01.2019, would show that the duress processes in the nature of NBWs and proclamations under section 82 of the Code of Criminal Procedure, 1973 were issued, but never executed. The respondents appeared on some dates and, on their oral request and explanation, such process were cancelled, their undertaking to pay in terms of the settlement also being noted and time for compliance with such undertaking also extended, it being admitted case of the petitioner that some further payments were received d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... criminal court seized of such complaint, to whom a mediated settlement is reported, from adopting the above procedure. Application of the above enunciation of law to a mediation arising out of a criminal case manifests that a settlement agreement would require to be in writing and signed by the parties or their counsels. The same has to be placed before the court which has to be satisfied that the agreement was lawful and consent of the parties was voluntary and not obtained because of any force, pressure or undue influence. Therefore, the court would record the statement of the parties or their authorized agents on oath affirming the settlement, its voluntariness and their undertaking to abide by it in the manner followed by the civil cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the voluntariness of the settlement agreement nor any effective order passed by the Metropolitan Magistrate at that stage adopting the settlement agreement as the final disposition of the two complaint cases. In these circumstances, there is nothing shown from which it could be inferred that the settlement had received the imprimatur of the court. There is no enforceable order of the Magistrate vis- -vis the settlement. 8. The court of Metropolitan Magistrate is not a forum for recovery of money. It is a criminal court which is called upon to adjudicate on the complaint alleging offence under section 138 of the Negotiable Instruments Act, 1881. Undoubtedly, the said offence is compoundable. No doubt, if the parties are so inclined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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